The Business Legal Services bloghttp://www.tayloremmet.co.uk/blsblog
Fri, 11 Aug 2017 11:21:30 +0000en-GBhourly1https://wordpress.org/?v=4.8.1Leasehold systems: Rented Property Focushttp://www.tayloremmet.co.uk/blsblog/leasehold-systems-rented-property-focus/
http://www.tayloremmet.co.uk/blsblog/leasehold-systems-rented-property-focus/#respondFri, 11 Aug 2017 11:21:30 +0000http://www.tayloremmet.co.uk/blsblog/?p=1401Concerns about the leasehold system are a hot topic in the press, mainly due to claims of rising ground rents. This month, James Parden discusses the problem and action that is being taken… As leasehold properties are commonplace around here, homeowners, including landlords with houses of this nature, should be aware of increasing ground rents and the process of buying... Read more →

]]>Concerns about the leasehold system are a hot topic in the press, mainly due to claims of rising ground rents. This month, James Parden discusses the problem and action that is being taken…

As leasehold properties are commonplace around here, homeowners, including landlords with houses of this nature, should be aware of increasing ground rents and the process of buying a freehold.

Growing public unease prompted the government to issue a white paper in February, setting out its aims to ‘improve consumer choice and fairness in the leasehold sector…’

The paper discusses hidden costs that leasehold property owners may not be aware of at the point of purchase, such as significant ground rent increases during the term of the lease.

In Sheffield, much of the housing stock is subject to hugely long leases with peppercorn payments that trouble no one. However, the law in England does not restrict ground rent levels and certain freeholders are making a considerable amount of money.

Some new build properties are being sold with a leasehold title, simply to create an income. There have been reports in the media of leases that permit the ground rent to double every decade, so a house purchased for just under £200,000 that started out paying £295 per year, will be subject to ground rent of £9,440 annually after 50 years. In this scenario, it is estimated the cost of purchasing the freehold would be more than £35,000. As you can imagine, this can lead to difficulties in selling the house or re-mortgaging.

Homeowners can also find that the freehold on whole estates has been sold to a third party without their knowledge. In addition, some leases require the ground rent to be paid in advance and tenants may not be eligible for a refund if their ownership ends part way through a year.

Developers argue new build leasehold properties are commonplace in some areas of England and that selling the freehold could create a potential competitive disadvantage. This may be so, but there is no regulation to ensure a leaseholder is fully aware of the nature of their ownership and the costs they are to incur.

As a result, it is likely reform is on the way. The government’s white paper suggests a number of solutions, including limiting the sale of leasehold houses and the ground rent on properties with agreements of more than 21 years.

An unfortunate consequence of increasing ground rents is that if they exceed £250 per year (outside London), the leases are classed as assured tenancies under the Housing Act 1988 and landlords can attempt an eviction using the well-known Section 8 procedure. The legislation was intended to stop tenants in the private rented sector building up arrears and it is recognised that property owners need exempting from possession orders.

James Parden

These changes are yet to be introduced, so if you have any concerns about rising ground rent or you are considering purchasing a leasehold home, always ensure your agreement is reviewed by a specialist property solicitor. Contact me for more information.

]]>http://www.tayloremmet.co.uk/blsblog/leasehold-systems-rented-property-focus/feed/0Pop-up shops: What is the impact on high street landlords…http://www.tayloremmet.co.uk/blsblog/pop-up-shops/
http://www.tayloremmet.co.uk/blsblog/pop-up-shops/#respondFri, 09 Jun 2017 13:32:57 +0000http://www.tayloremmet.co.uk/blsblog/?p=1388The retail landscape is changing. Recognised brands are disappearing, giving rise to a trend for pop-up shops. This month, James Parden takes a look at the impact this is having on high street landlords… It started with Woolworths in 2008. Big name retailers have been disappearing from our city centres for almost 10 years, as the sector reshapes and regroups... Read more →

]]>The retail landscape is changing. Recognised brands are disappearing, giving rise to a trend for pop-up shops. This month, James Parden takes a look at the impact this is having on high street landlords…

It started with Woolworths in 2008. Big name retailers have been disappearing from our city centres for almost 10 years, as the sector reshapes and regroups in the face of online competition.

Sheffield unwittingly accelerated the process, serving compulsory purchase orders on buildings making way for the new Retail Quarter before plans were put on ice. This left a whole swath of shops unoccupied and the council with a problem.

A vibrant centre is essential for any major UK city and it is exciting to see development works commencing after years of waiting. During this period, empty units have given independent and start-up retailers an opportunity to test the water in a prime location without the burden of expensive rent or a long lease. The most recent example can be found on Fargate, as the trend for pop-up shops gathers pace.

The thought of earning peppercorn rent with no lengthy commitment from a tenant might not appeal to landlords, but when weighed up against the prospect of paying business rates during void periods, offloading the burden, even if only for a little while, can be attractive.

Of course, there are risks to short term lets – unpaid rent and dilapidations – but we can draw up a tenancy that provides protection. It is possible to stipulate what can be done to your shop and what will require consent, whilst there is also the potential for court action if your premises are left in a mess.

A recent article in Retail Gazette put the current value of the UK’s pop-up market at £2.3 billion. Established names are also getting in on the act, taking temporary space on the high street to raise brand awareness and engage with customers, rather than selling to them.

The impending business rates revaluation may see more shop closures, particularly among independents, which will inevitably impact on landlords and make way for more pop-ups.

James Parden

During such a turbulent time on the high street, it pays to be open to new ideas. If you have empty retail premises, don’t dismiss this bandwagon – it could be a short-term solution with long-term benefits.

]]>http://www.tayloremmet.co.uk/blsblog/pop-up-shops/feed/0Landlords’ database: Your misdemeanours will soon be recordedhttp://www.tayloremmet.co.uk/blsblog/landlord-database/
http://www.tayloremmet.co.uk/blsblog/landlord-database/#respondFri, 12 May 2017 11:14:27 +0000http://www.tayloremmet.co.uk/blsblog/?p=1377Landlords watch out – your misdemeanours will soon be recorded. James Parden introduces the rogue landlords’ database. News reports highlighting the plight of tenants trapped in unsuitable or uninhabitable private housing abound. Shelter recently claimed that four in ten privately owned rental homes are unfit for occupation. It will not surprise you to find out, therefore, that the government is looking for... Read more →

News reports highlighting the plight of tenants trapped in unsuitable or uninhabitable private housing abound. Shelter recently claimed that four in ten privately owned rental homes are unfit for occupation. It will not surprise you to find out, therefore, that the government is looking for ways to clamp down on what it calls ‘rogue landlords.’

The Solution

Its solution to implement a database of the worst offenders, as set out in the Housing and Planning Act 2016, which is due to come into force on October 1.

This blacklist will contain details of all landlords and letting agents who are served a banning order by their local authority and the reason it was issued. It will include those who are convicted of regular offences or aggravated crimes, as well as agents who continue to charge tenants once fees are prohibited.

Bans will be for a minimum of 12 months, although there is no upper limit on the duration and fines will be imposed if the order is breached. During this period, the person or agency concerned will not be able to transfer their properties to associates to deal with, nor will they be allowed to earn income from renting or related activities.

Offences deemed grounds for a banning order include illegally evicting a tenant, renting out an unsafe home, harassment and failure to carry out works required by the local authority.

For the moment, the database will not be available to the public, just local authorities, who will no doubt keep it up to date and use it to monitor the private rental sector. The government hopes this will filter out repeat offenders, but how it works in practise remains to be seen.

Whilst the database is headlining talk of the new Housing and Planning Act, it is worth noting it actually covers eight changes to the laws concerning lettings. The legislation will make tenancy deposit data more widely available to aid enforcement and extend the length of rent repayment orders up to 12 months in cases of disrepair or illegal eviction.

James Parden

Landlords will be pleased to hear it is also streamlining the abandonment process. If you have an empty property you believe has been vacated, in most cases, you will be able to seek possession without a court order.

]]>http://www.tayloremmet.co.uk/blsblog/landlord-database/feed/0Where do a landlord’s liabilities end?http://www.tayloremmet.co.uk/blsblog/where-do-a-landlords-liabilities-end/
http://www.tayloremmet.co.uk/blsblog/where-do-a-landlords-liabilities-end/#respondMon, 08 May 2017 08:16:31 +0000http://www.tayloremmet.co.uk/blsblog/?p=1086As a landlord, you have a certain responsibility towards your tenants, but how far does this go? For instance, is the landlord responsible if a tenant falls on a staircase with no handrail or bannister? The Case In the case of Sternbaum v Dhesi, this exact topic was discussed after a tenant slipped and fell as she walked up a... Read more →

]]>As a landlord, you have a certain responsibility towards your tenants, but how far does this go?

For instance, is the landlord responsible if a tenant falls on a staircase with no handrail or bannister?

The Case

In the case of Sternbaum v Dhesi, this exact topic was discussed after a tenant slipped and fell as she walked up a staircase.

The stairs in question were steep, but they were without a handrail prior to the tenancy agreement being signed. There were, however, indications that a bannister might have been removed at some stage in the property’s history.

In most tenancies, the landlord is obliged to keep the structure and exterior of a rented property in good repair. The Defective Premises Act of 1972 also imposes a duty of care to anyone who might be affected by the poor state of your accommodation.

The findings

In the Sternbaum v Dhesi case, the court found in the landlord’s favour, concluding a lack of handrail or bannister did not constitute disrepair.

Photographs of the staircase, which were similar to those in hundreds of old buildings, were shown. The court commented the situation could be regarded as a hazard. However there was nothing about its appearance that could justify the description of disrepair. Therefore, to require a landlord to fit a handrail would amount to an obligation to improve the premises or make them safe.

As a second point, the court considered whether the staircase and missing bannister should be classed as part of the premise’s structure.

No decision was reached on this issue. It was suggested it would be difficult to argue the bannister was part of the staircase construction. Ultimately, the tenancy agreement was used to determine what was and was not included in the premises.

Alex Byard

Looking Ahead

This matter highlights how easy it is to fall foul of the rules imposed on a landlord. If you are unclear about your obligations, always seek legal advice. For more information, call our team on 0114 218 4000, email us atinfo@tayloremmet.co.uk or complete this form.

]]>http://www.tayloremmet.co.uk/blsblog/where-do-a-landlords-liabilities-end/feed/0Lasting power of attorney: How business owners can plan for loss of capacityhttp://www.tayloremmet.co.uk/blsblog/lasting-power-attorney/
http://www.tayloremmet.co.uk/blsblog/lasting-power-attorney/#respondThu, 04 May 2017 15:08:53 +0000http://www.tayloremmet.co.uk/blsblog/?p=981For a business owner an injury or unexpected loss of capacity, even if only temporary, can have a significant impact to the day to day running of the business. To ensure that a business continues to operate successfully in these circumstances, all business owners (sole traders, partners and company directors) should consider putting a lasting power of attorney (LPA) in... Read more →

]]>For a business owner an injury or unexpected loss of capacity, even if only temporary, can have a significant impact to the day to day running of the business. To ensure that a business continues to operate successfully in these circumstances, all business owners (sole traders, partners and company directors) should consider putting a lasting power of attorney (LPA) in place for property and financial affairs, which is specifically tailored towards their needs.

A LPA is used to appoint someone (known as an attorney) who is trusted to step in if the circumstances require.

What if I don’t have a Lasting power of attorney?

In the context of a business, without a business LPA being in place, it could mean that no-one is authorised to sign cheques or make payments on the business bank account which has a knock on effect for the likes of suppliers, staff and creditors. The business would be put under a huge amount of unnecessary strain and could, in certain circumstances, “go under”.

Who to choose as a Lasting power of attorney?

For business owners specifically, it is important to choose someone who is familiar with the business to step in, they will need the authority to make the necessary decisions and have a “business mind”. In addition to a business LPA, company directors should also review their company’s articles of association. This will advise as to what happens upon the loss of capacity of a director as the LPA. The articles of association need to work alongside one another.

What about my personal affairs?

It is entirely possible for a business owner to have a LPA in place to deal with property and financial affairs which are not connected with their business (i.e. for personal finances), but the two LPAs need to be carefully drafted so that the business and personal LPAs work effectively. It is often the case that the attorney of a personal LPA is a family member or other person of trust.

A business LPA is essential for a business owner no matter what the size of the business. It should be seen as essential as insurance or keyman insurance which is there to be used if required. Without one, if the business owner was to become incapacitated, an application would need to be made to the Court of Protection in order for someone to be appointed as Deputy. This is a costly and time consuming exercise and the business is likely to suffer as a result.

Rob Moore

The T&E Private Client Team are experts in acting for business owners and directors. We can ensure that an appropriately worded business LPA is put in place to run alongside a personal LPA so that the ongoing succession of the business is better protected. For more information, call our team on 0114 218 4000, email us atinfo@tayloremmet.co.uk or complete this form.

]]>http://www.tayloremmet.co.uk/blsblog/lasting-power-attorney/feed/0Manufacturing: 4 keys to finding suitable premiseshttp://www.tayloremmet.co.uk/blsblog/suitable-manufacturing-premises/
http://www.tayloremmet.co.uk/blsblog/suitable-manufacturing-premises/#respondWed, 03 May 2017 15:04:49 +0000http://www.tayloremmet.co.uk/blsblog/?p=889Taylor&Emmet’s highly experienced commercial property team has been advising those in the manufacturing sector on the acquisition of suitable business premises for a number of years. In this time we maintained it is essential that manufacturers adopt a logical and strategic approach to identifying suitable premises. There are a number of factors which need to be considered: Location Location in... Read more →

]]>Taylor&Emmet’s highly experienced commercial property team has been advising those in the manufacturing sector on the acquisition of suitable business premises for a number of years. In this time we maintained it is essential that manufacturers adopt a logical and strategic approach to identifying suitable premises. There are a number of factors which need to be considered:

Location

Location in terms of ease of access to raw materials, skilled workforce, transport links and to markets is critical. Most manufacturers will be looking to be based at an out of town industrial estate. Those companies involved in highly specialised/skilled manufacturing may decide to choose a location that is in close proximity to centres of research so that they have access to the latest developments and technology in their field.

Choosing the wrong location could jeopardise the success of your business.

Manufacturing requirements

Before starting your premises search it is essential that you prepare a specification detailing your specific requirements. You will need to consider the size of premises for your workforce and any requirements for housing your plant and equipment. You must also consider the businesses need for parking and facilities for loading/unloading goods and materials.

Business strategy

You must be clear about your business strategy. It is important to consider your future manufacturing plans and whether the property is capable of expansion or whether you would have to move to larger premises if business was successful. On the flipside, you must consider your ability to exit the property in the event that your business was unsuccessful. Advances in technology and manufacturing processes could render the property obsolete/unsuitable.

To purchase or lease?

Are you better off buying or leasing commercial premises? This is one of the hardest decisions a business will make and there are pros and cons with each option.

Leasing is often seen as the most suitable option for new start-up businesses. Where there is less initial capital outlay, saving on cashflow can help free up money to be used elsewhere in the business. It is also often easier to relocate where you have a lease and having such flexibility is important with industrial buildings where design trends change quite a lot rendering a property obsolete.

Buying a property may be the best option for some businesses. Ownership may allow you to make a return on your investment in the long term. You will also you have greater control over the property in terms of its use. The property will not require landlord’s consent before extending or carrying out works (although planning permission and other statutory consents may be required).

]]>http://www.tayloremmet.co.uk/blsblog/suitable-manufacturing-premises/feed/0Joint Venture: Are you considering a joint venture, collaboration or strategic alliance?http://www.tayloremmet.co.uk/blsblog/considering-joint-venture-collaboration/
http://www.tayloremmet.co.uk/blsblog/considering-joint-venture-collaboration/#respondFri, 28 Apr 2017 08:20:27 +0000http://www.tayloremmet.co.uk/blsblog/?p=986A joint venture is a partnership between two businesses for a finite period of time in order to achieve specific goals. It presents an opportunity to leverage each other’s strengths while compensating for any weaknesses. There are 2 main options when entering a joint venture. In the first, both parties enjoy the benefits of remaining as independent businesses and choose... Read more →

]]>A joint venture is a partnership between two businesses for a finite period of time in order to achieve specific goals. It presents an opportunity to leverage each other’s strengths while compensating for any weaknesses.

There are 2 main options when entering a joint venture. In the first, both parties enjoy the benefits of remaining as independent businesses and choose to enter into a contractual agreement only to collaborate in a limited way over a pre-determined time span. The other option is to create a separate joint venture company in order to complete a specific project or contract. In this option, both partners own shares of the company and direct its management.

The success of a joint venture depends on a well-planned strategy, strong partners, equal contribution, effective execution of the agreement, and fast and efficient integration of work processes. This involves commitment and respect for the other company’s work culture and a clear understanding of each one’s responsibilities and accountabilities in the partnership.

So, what are the main benefits?

A successful joint venture can help both businesses gain access to new opportunities and is an effective strategy to grow and generate profits faster. Advantages of a successful joint venture include:

Access to knowledge and resources such as capital, staff and technology

Access to new opportunities such as new markets or greater distribution reach

Shared exposure to risks, financial responsibility and workload.

And the risks?

A large number of joint ventures fail because of the many risks involved and the complexity of integrating operations and work culture of two different companies. Some of the issues that may arise when entering into a joint venture strategy include:

Unequal contribution of the partners in knowledge, resources or investments

Unclear communication of objectives of the joint venture strategy

Lack of communication of the accountabilities of each partner resulting in an unsuccessful execution of the joint venture agreement

Difficulties in integrating operations of the two companies due to differences in work culture and management styles

Lack of leadership from the partners at the outset of the joint venture.

Building a successful strategy can be challenging and takes time, commitment and effort from both parties involved. Right from the outset it needs to be structured properly with good advice from a lawyer covering the legal considerations and an accountant covering the financial, accounting and tax aspects.

Before entering into a joint venture, both partners must have a clear understanding of the objective of collaboration which must be translated into a simple written agreement that defines each partner’s accountabilities in the joint venture. I am a great believer of the “KISS” (keep it simple stupid) principal when drafting joint venture, collaboration and strategic alliance agreements – the more complicated and protracted the agreement is trying to cover all eventualities under the sun tends to create more complications between the parties further down the line and in practice becomes an unworkable document. Evaluating the strengths and weaknesses of the partner company and your own can help in building on each other’s strengths.

Rob Moore

Building a strong alliance with the right partner can result in fast growth of the business and profitability. If you would like more information then please email us at info@tayloremmet.co.uk or call us on0114 218 4000.

]]>http://www.tayloremmet.co.uk/blsblog/considering-joint-venture-collaboration/feed/0Is your business ready for the new £1 coin?http://www.tayloremmet.co.uk/blsblog/is-your-business-ready-for-the-new-1-coin/
http://www.tayloremmet.co.uk/blsblog/is-your-business-ready-for-the-new-1-coin/#respondThu, 27 Apr 2017 09:43:45 +0000http://www.tayloremmet.co.uk/blsblog/?p=1131Over the past few weeks the new 12-sided pound coin has been released into circulation and as such they are being more frequently used. As a result businesses around the country are in the process of adapting to the change. But what do businesses need to do in order to be ready for the demonetisation of the old £1 coin?... Read more →

]]>Over the past few weeks the new 12-sided pound coin has been released into circulation and as such they are being more frequently used. As a result businesses around the country are in the process of adapting to the change. But what do businesses need to do in order to be ready for the demonetisation of the old £1 coin?

With around 45 million counterfeit £1 coins currently in circulation, the new 12 sided coin comes with features that are hoped will make it harder to forge. Described as “the most secure coin in the world” it contains the following features:

Latent image – it has an image like a hologram that changes from a ‘£’ symbol to the number ‘1’ when the coin is seen from different angles.

Micro-lettering – it has very small lettering on the lower inside rim on both sides of the coin. One pound on the obverse “heads” side and the year of production on the reverse “tails” side, for example 2016 or 2017.

Milled edges – it has grooves on alternate sides.

Hidden high security feature – a high security feature is built into the coin to protect it from counterfeiting in the future.

So during the Co-circulation period (up until September 2017), businesses need to be aware that:

You can accept both coins from your customers;

Your equipment may be able to accept or dispense both £1 coins or just one. Please check with your equipment suppliers;

You will need to tell your customers which coins your equipment can accept;

You should agree with your bank or cash in transit (CIT) provider how to return the current £1 coin and new £1 coin.

As of the Autumn of 2017 demonetisation will begin. From here on businesses need to make sure that:

All coin handling equipment should be able to accept the new £1 coin;

The round £1 coin should not be accepted from your customers and you should not distribute the round £1 coin;

The round £1 coin can continue to be deposited into a customer’s account at most high street banks and the Post Office, however check with your bank for more details, including deposit limits.

]]>http://www.tayloremmet.co.uk/blsblog/is-your-business-ready-for-the-new-1-coin/feed/0Untidy tenants: Why councils are being left with a hefty cleaning billhttp://www.tayloremmet.co.uk/blsblog/untidy-tenants-councils-cleaning-bill/
http://www.tayloremmet.co.uk/blsblog/untidy-tenants-councils-cleaning-bill/#respondWed, 26 Apr 2017 14:28:53 +0000http://www.tayloremmet.co.uk/blsblog/?p=1340Untidy tenants are leaving councils with a hefty cleaning bill. James Parden highlights the war on waste management being waged in the rental sector… Research commissioned in London identified waste management as a serious issue among the private rental market, not just in the capital, but across the UK. The transient nature of homes in multiple occupation (HMOs) and high... Read more →

]]>Untidy tenants are leaving councils with a hefty cleaning bill. James Parden highlights the war on waste management being waged in the rental sector…

Research commissioned in London identified waste management as a serious issue among the private rental market, not just in the capital, but across the UK.

The transient nature of homes in multiple occupation (HMOs) and high turnover areas can result in problems communicating and delivering waste services. This, in turn, is having a negative effect on recycling and causing small scale dumping that has to be cleaned up by cash strapped councils.

Local authorities are now taking steps to communicate better with landlords and managing agents, in a bid to tackle waste problems before they begin.

The London study concluded there were attitudinal barriers among tenants that could be addressed by providing clear and consistent messaging about disposing of rubbish, helping people understand the issue and their responsibilities.

Recommended steps…

Several steps were recommended including introducing legislative changes and appropriate enforcement. In the first instance, it has been proposed that additional wording about recycling and disposing of waste should be incorporated into the ‘How to Rent’ guide landlords must now produce for new tenants.

Another issue identified by the research was lack of space or access to shared areas designated for waste management. Again, the onus is being placed on landlords to provide adequate containers for recycling and residual rubbish and it is suggested you should highlight the tenants’ duties to store, separate and place waste for collection. Failure to do so may result in sanctions.

There are also calls for a clause to be inserted into future tenancy agreements dealing with each party’s obligations regarding waste and recycling. However, it would be the local authorites’ duty to implement these changes and currently, there are doubts they would be able to force landlords to comply.

As responsible citizens, we should all want to keep our neighbourhoods clean, but while ever the issue of fly tipping remains, we need to work together to understand the reasons and develop workable solutions.

Both landlords and tenants have to deal with waste responsibly. There is no doubt proportionate enforcement is on the horizon and you will need to be prepared.

]]>http://www.tayloremmet.co.uk/blsblog/untidy-tenants-councils-cleaning-bill/feed/0Rented Property Focus – Rent and tenant problemshttp://www.tayloremmet.co.uk/blsblog/rented-property-focus-rent-problems/
http://www.tayloremmet.co.uk/blsblog/rented-property-focus-rent-problems/#respondThu, 09 Mar 2017 11:20:25 +0000http://www.tayloremmet.co.uk/blsblog/?p=1329Unfortunately when you rent out a property, it does not always run smoothly. In this month’s column, James Parden looks at some of the problems that can arise and possible solutions… Rent arrears If your tenant owes more than eight weeks’ rent, you have a right to take the property back. As long as you follow the correct procedure and show... Read more →

]]>Unfortunately when you rent out a property, it does not always run smoothly. In this month’s column, James Parden looks at some of the problems that can arise and possible solutions…

Rent arrears

If your tenant owes more than eight weeks’ rent, you have a right to take the property back. As long as you follow the correct procedure and show a court proof of the debt, it must agree to grant you possession.
If the tenant is persistently late paying the rent or owes less than eight weeks, you can still claim possession. These circumstances are classed as discretionary grounds, i.e. a court does not have to evict the tenant if it thinks you are being unreasonable or you cannot prove your case.
It is usually easier to rectify the matter directly rather than taking legal action. If a rent payment is missed, tackle the situation quickly by encouraging the tenant to make regular extra instalments. If you can come to a reasonable agreement then there is more chance the debt will be cleared.

Abuse of your property

Again, if your tenant does not take proper care of your property, you may have a right to claim it back. However, this is also a discretionary ground for possession.
Tell your tenant how you want them to improve and if this does not work or they dispute what you say, put your complaint in writing detailing what you expect to happen. Keep a copy of the letter in case you need proof at a later date.
At the start of a tenancy, you should make a detailed list of everything in the property and if possible, obtain a photographic record of its condition. This can help demonstrate the tenant has not looked after something (normal wear and tear excepted).

Anti-social behaviour

Treat any complaint you receive confidentially and take it seriously. Bad tenants make neighbours’ lives a misery and cost you money.
You have a right to seek possession of your property if you can prove the tenant (and potentially anyone living at the property or their guests) has been anti-social or a nuisance. There are mandatory and discretionary grounds for possession, depending on the behaviour of the tenant.
Once you have substantial evidence of anti-social behaviour, you can go to court to seek an order for possession. You will need to send the tenant official notice outlining the problems and informing them you are taking legal action.

If your tenant is suffering from anti-social behaviour, there are ways to tackle the issue. I would recommend arranging a meeting to establish:
• Details of the problem
• If other people are affected
• Where and when the behaviour happened
• Why it has happened
• What effect it has on you, the landlord

Tell your tenant to keep accurate, dated records of incidents, as they will be vital if legal action is necessary.
If the problems persist, approach the perpetrator or the owner of their property. If this proves unsuccessful, you can ask the local authority for help, even if the property is privately owned. Councils take anti-social behaviour very seriously and are likely to initiate preventative steps.

James Parden is a specialist in property litigation at Sheffield’s Taylor&Emmet LLP. For more information, telephone (0114) 218 4000, visit www.tayloremmet.co.uk or follow the firm on Twitter @tayloremmet.